Long Range Planning Commission

BAXTER LONG RANGE PLANNING COMMISSION MINUTES Monday, April 24, 2023 at 6:00 PM “A Growing Community” Baxter City Hall, 13190 Memorywood Drive, Baxter, MN CALL TO ORDER The regular meeting of the Baxter Long Range Planning Commission was called to order at 6:00 pm by Chair Donnay. ROLL CALL MEMBERS PRESENT: Chair Kevin Donnay, Commissioners Lori Rubin, Rock Yliniemi and Council Liaison Jeff Phillips MEMBERS ABSENT: Commissioners Cathy Clark, Mark Cross and Mellissa Barrick STAFF PRESENT: CD Director Josh Doty, Planner Matthew Gindele and Chief Jim Exsted OTHERS: Jason Kocer, Clint Malikowski and Matt Davis MINUTES 1. Approve the August 22, 2022 LRPC Meeting Minutes MOTION by Commissioner Yliniemi, seconded by Commissioner Rubin to approve the minutes from the August 22, 2022, as presented. Motion unanimously approved. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. Fortress Holdings PUD Sketch Plan Chair Donnay asked for the staff report. CD Director Doty stated the applicant, Fortress Holdings LLC, is requesting PUD Sketch Plan Review of a mixed use development for business and three-story multi-family apartment development at the southwest corner of Hastings Road and Evergreen Drive. Specifically, the attached PUD Sketch Plan shows a 25,400 and 16,400-square foot commercial/industrial buildings along State Highway 371 and Hastings Road. The plan also shows four, three story, 70-unit apartment buildings along Hastings Road and Evergreen Drive. Lastly the plan shows garage unit structures for apartments. A PUD Sketch Plan is typically reviewed by the Planning Commission and/or the City Council. However, based on the specific proposal and the potential need for amendments to land use guiding of the property or the potential need for a re-guiding of the property from a Comprehensive Plan 4/24/2023 Long Range Planning Commission Minutes Page 2 perspective; the applicant and city staff have agreed to bring the PUD Sketch Review to the Long Range Planning Commission to provide any comments relating to the Comprehensive Plan and Future Land Use Plan. Staff has attached a draft resolution offering PUD Sketch Comments. The PUD sketch comments offer comments beyond Land Use and the Comprehensive Plan. Staff has included Comprehensive Plan, Zoning and Development comments for the developer and the commission since this sketch resolution and comments will be reviewed by multiple commissions and the City Council. CD Director Doty reviewed the aerial photo showing the location of the proposed development. Chair Donnay asked CD Director Doty how much acreage the proposed site is. CD Director Doty stated the site was just under 40 acres. He reviewed the high water elevation and FEMA floodplain elevations. CD Director Doty stated a City/County traffic study has been completed for this region of the city. As part of the development review, a review of the traffic study must be conducted to make sure that the intended uses are consistent with the City/County traffic study. In addition, an internal traffic study review should be completed with the development plan review for consideration of the following: a) roadway design, b) muti-modal analysis c) access intersections/control, d) internal site circulation and e) emergency services. City sewer and water are located along Hastings Road. Staff notes that City sewer, water and storm sewer services would need to be extended to south property lines as part of the development plan. CD Director Doty reviewed the city’s existing zoning for the property is OS, Office Service. There was a copy of the OS District in the packet for the Commission to review. He also referenced the zoning around the proposed development and the future land use guide is Business Gateway. CD Director Doty talked about the differences between Mixed Use verses Business Gateway. Staff did have a concern about residential not being part of the Business Gateway District. He noted that the apartments are more of a R-3 District-High Density zoning, therefore the apartments may be considered “spot zoning”. CD Director Doty reviewed the proposed site plan with the Commission. He noted that the storage units are part of the apartment complex, they are not open to the public. He reviewed the parking and access. He asked the question for any questions or comments. Commissioner Rubin stated she would like to see a better site plan showing trails for the people living there. CD Director Doty explained the trail network to the east. Chair Donnay asked CD Director Doty to review the Comp Plan, and asked if it was approved by Council, it has been. CD Director Doty stated the Business Gateway district is in the Comp Plan however not in the Zoning Code. He gave different ways the City could handle the proposed project. A PUD, a Comp Plan amendment to include residential, should the property be mixed use or a simple text amendment to the Comp. Plan or the Commission could finish the Gateway District. Chair Donnay asked for a review of the OS District, CD Director Doty stated mostly office type uses with the only residential use being residential care facilities, group homes and mental health facilities. 4/24/2023 Long Range Planning Commission Minutes Page 3 Mr. Matt Davis 6697 Maryland Rd. thanked the Commission for meeting with him, he will appreciate the feedback. Mr. Davis stated that he and his wife purchased the property roughly five years ago. The purchase was always intended to have some apartments on the property. He stated that his son plays soccer and they travel to the cities often. While they were trying to decide what to do with the parcel, they noticed all the apartment building close to a main road and next to restaurants, Target etc. Mr. Davis stated that Jeff Sell had brought forward a concept plan that was very similar to his concept plan. He spoke of removing a property and building a shop for his construction business and the current building on that piece is an eye sore. Mr. Davis informed the Commission that there is about 5 acres of low-lying land, thus the reason to come in front of the Commission to see what can be done on the part of the land. The land has been surveyed and a Wetland Delineation has taken place on their property. Mr. Davis stated that the buildings are going to look a lot like assisted living buildings, same type only with a different name on the sign out front. He reiterated that the garages out front are only for apartments. He added that the apartments will have underground parking. Commissioner Yliniemi asked if they are going to meet the three-foot separation. Mr. Davis indicated that they dug a pit test and there is roughly six feet before mottled soils. One of the apartment buildings is sitting on higher ground, that soil would be moved over for the retail store. He asked staff to show the Jeff Sell concept plan and indicated that his team of developers are in favor of this project, as well as the other property owner, Rodahl is also in support of this development. They reviewed Jeff Sell’s concept plan from 2015. CD Director Doty indicated that the plan was to build a road all the way south to County Rd. 48. Mr. Davis spoke of the trail system, his vision was to put a trail through the FEMA area so it seems like you aren’t in the city, a meandering trail. He spoke of a roundabout that would tie into Forestview Dr. Chair Donnay and CD Director Doty commented on the resolution, the number of items in the resolution to aid the developer in deciding to move forward with this project. Any comments regarding the items reviewed tonight from this Commission would be helpful. Commissioner Yliniemi stated the biggest question is if there should be residential in the Business Gateway District. Chair Donnay said it was a little more complicated than that, as it is not a zoning district. CD Director Doty stated that back in 2015 the consultant drafted the Business Gateway District with industrial, office and some light retail use, with no residential being included. Commissioner Yliniemi stated that currently the zoning is OS, does the Commission want to see residential in the OS District. CD Director Doty reiterated the options the Commission could take and explained that a Comp. Plan amendment will most likely be needed to address the residential piece. Chair Donnay stated there is the potential for more development and this should be resolved. Commissioner Yliniemi asked what the closest park to this proposed development, Berrywood Park was the answer. He stated that was a bit far away. Mr. Davis asked about the City owned property to the east of his property. CD Director Doty stated that the city owned property was for utilities and storm water ponding. Mr. Davis asked when Evergreen Rd. was going to be, or has it been approved for reconstruction. CD Director Doty stated that nothing has been approved to date and a feasibility study is in the works. CD Director Doty reviewed the roadway projects in the area of the proposed development with the Commission. 4/24/2023 Long Range Planning Commission Minutes Page 4 Mr. Davis noted he has spoken to CD Director Doty for roughly five years regarding his proposal, he suggested that mixed use would be a better fit for both his and Mr. Sell’s property. Chair Donnay stated that the Commission worked hard on the Comp Plan to make sure the south entrance to the city was inviting, this was the only opportunity to get an identity the city wanted visitors to view entering Baxter. He asked staff if the PUD could put enough guidelines to meet the majority of the proposal with items like landscaping, lighting, pedestrian and parking requirements. CD Director Doty stated that during the Comp. Plan meetings that the Commission was in agreement that it did not want the south entrance to look like the north entrance, not that it looks bad, but this is a clean slate to work with on the south entrance. The vision was never determined what the vision was for the Business Gateway District. CD Director Doty stated that yes, was Chair Donnay’s answer, staff can work with a developer, though the PUD process, to get to the spirit and intent that the city was looking to achieve in the Business Gateway district. Chair Donnay added that he remembered the Commission also trying not to handcuff the developers/land owners. He added that he is not a fan of residential in this area, however, seeing the plan that it is more to the east and there are current residential being built further east. He asked staff about the purple, being industrial and the size of the buildings that could break up the parcels. Commission Rubin and Y both agreed with mixed use for that proposal. CD Director Doty stated that he is hearing from the Commission a Comp. Plan amendment to allow for mixed use. Chair Donnay stated that Business Gateway is not a zone that exists currently, therefore it can’t be used. CD Director Doty stated it would be cleaner to amend the Comp. Plan to allow high density residential as a use. He stated the land could be rezoned to a PUD and skip the Comp. Plan amendment. The Commissions all agreed that a Comp. Plan amendment was not necessary and that the developer should be able to proceed with his plan through the PUD process. 3. 2023 City Hunting Map Chair Donnay asked for the staff report. Planner Gindele stated The City of Baxter is requesting amendments to the City’s Hunting Map. Specifically, the City of Baxter has hunting regulations and a Hunting Map that indicates where certain types of hunting is allowed and where hunting is not allowed. As changes occur within the City, the Hunting Map should be re-evaluated to see if changes need to be made to the map. The City’s Hunting Map delineates every property in the City into one of four zones as follows:  No Hunting  Archery Only Zone  Shotgun & Archery Only Zone  Muzzleloader / Shotgun & Archery Zone The majority of the City is located in the No Hunting zone. Properties that are permitted for hunting are generally larger properties or properties that are in rural areas of the City. To help manage deer numbers within Baxter, the City has allowed larger properties adjacent to residential areas in the Archery Only Zone. Since last fall (2022) staff, namely, Chief Exsted, has been meeting with a deer management group to determine how the City could open additional hunting opportunities in the city with the goal of reducing the number of deer within the limits of the city. This group has been meeting monthly comprised of several citizen volunteers from Baxter who have expressed interest in matters related to deer hunting and working to control the deer population within the city limits. 4/24/2023 Long Range Planning Commission Minutes Page 5 The specific goals of the group were to help improve the hunting process, which included making improvements to the permit application and to increase the amount of area within the city that is open for hunting. Improvements are happening to our permit process with the help of this group and today’s requests are a result of innovative ideas of this group. Changing the hunting map this year, or at least in this meeting, is focused on adding new areas that, if approved, will come with a new hunting designation. We’re calling the new area “Managed Archery” and coloring it red on the map. This new group of “managed archery” properties are all city owned, public tracts of land that are not developed. The managed component will come with the requirement that all hunters on these properties must have completed the MN DNR hunter safety course and also a proficiency test with their bow. Planner Gindele explained the following proposed changes/locations: Propose changes to the 2023 Hunting Map New this year: 1 Deer Management Group 2 Manage Archery Areas: New color to map – red a. Red is archery only with restrictions (MN DNR test & Proficiency Test) 3 Special Hunt status with DNR Requests of LRPC: 1 Consideration of new zone (Managed Archery) a. Outline rules b. All new areas are city owned properties 2 Consideration of adding new “Managed Archery” areas a. Whipple Lake area b. Grand Oaks Trail area c. Inglewood/Fairview area d. Falcon Dr area e. Evergreen Dr area f. Jasperwood Dr area g. Isle Dr area h. MOP area 3 Consideration of adding green area off Maryland/Forestview Staff recommends that the Long Range Planning Commission review the Hunting Map amendment proposals and provide comments and recommendations on the proposed amendments to the City Council. Chief Exsted stated that he has been working with this group to hopefully manage the deer population. The other part for him was getting better management, such as working on the permit process and if this gets approved it will effect that process. Chief Exsted stated that if you have been on the Commission for some time, these areas have been brought up in the past, with the answer being no. He is more comfortable allowing these areas to be 4/24/2023 Long Range Planning Commission Minutes Page 6 hunted as there are more restrictions in the Managed Areas. The Grand Oaks larger area, Park & Trail employees went out there and cut some trails in and found several deer stands in that area. That told him that it was working to hunt that area and there weren’t any complaints about hunting in that area. They weren’t supposed to be hunting that area at that time. CD Director Doty asked the Chief if he was looking for a recommendation tonight or wait until August to take it to the Council. Chief Exsted said he would like a recommendation in order for them to move forward with the changes to the permitting process. He added it may not need to go to Council, as they have never questioned the changes. Planner Gindele stated that there are two questions for the Commission. Is the Commission comfortable with the new Managed Archery district and is the Commission comfortable with the general boundary areas proposed to be in the Managed Archery district. Chair Donnay asked how the Managed Areas would work. Chief Exsted stated it would be the same seasonal hunt only that person would have to show proof of going through the DNR safety training before they could hunt those areas and would need to pass an archery proficiency test with a specific number of arrows needing to be shot. (Person speaking from the audience, unable to hear on tape) This year the goal is to keep it simple and hopefully this group will move forward with less staff time in the future. He noted they haven’t really spoken about the school property. Chair Donnay stated the safety aspect will be handled by staff. Mr. Jason Kocer, 14165 Cherrywood Dr. stated the school property has specific areas for parking/hunting areas. They don’t want someone unloading a bow in front of the school. Chief Exsted added that, in the future, there could be specific designated areas a person can hunt. Commissioner Rubin stated in the past staff has reached out to neighbors, there are a few close homes in a few of these areas. Chief Exsted indicated that they did not reach out this time, it would be a lot of work to contact all of those properties. This meeting is also published on the website if people are interested in attending. Commissioner Y stated this is all city land and not private land, he indicated he is in favor of the change. Chair Donnay stated that there have been several meetings regarding the deer. He was personally relieved that staff is not bringing complaints about hunting deer. Staff indicated they haven’t received any complaints. CD Director Doty added that if there were someone to come in/call regarding the hunting in town, staff would encourage them to attend this meeting. The Commission was in favor and comfortable with the changes and management plan. Council- Liaison Phillips asked why some of the other city properties weren’t included. What was the delineation, Mr. Kocer stated it was the proximity to the residential properties. Council-Liaison Phillips asked why the other properties that the city owns weren’t included in the special permitting process only the new areas in red. In his mind it should be on all city property. The Chief indicated that there is not enough time to do all of the properties, again, trying to keep it simple this year. Next year some of those properties might go to the green archery area. Chief Exsted stated that southwest Baxter is too big to manage. Council-Liaison Phillips indicated that he is for the hunting changes. CD Director Doty explained the amount of land the city has acquired over the past couple of years. He reviewed some of the city owned land and explained each parcel. The Commission and staff held conversation about what and how other communities handle hunting. 4/24/2023 Long Range Planning Commission Minutes Page 7 Chair Donnay thanked the group for taking the time to work on the hunting map. UPDATES Chair Donnay asked if there were any updates. CD Director Doty stated that they updated the Comp. Plan in 2015, staff does not have a deadline as to when the Comp Plan has to be reviewed and updated again, however, staff does keep in mind when it should be reviewed. Commissioner Rubin stated she has been through two Comp. Plan amendments; she would like to see some of the results from those updates. CD Director Doty agreed and offered to put some of those numbers together for the Commission. ADJOURN MOTION by Commissioner Lori, seconded by Commissioner Yliniemi to adjourn the meeting at 7:38 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Kevin Donnay Shanna Newman Chair CD Administrative Assistant